Common use of Open-End Mortgage Clause in Contracts

Open-End Mortgage. This Mortgage is an Open-End Mortgage as defined in Section 8143(f) of Title 42 of the Pennsylvania Consolidated Statutes, and as such, is entitled to the benefits of 42 PA. C.S.A. § 8143 et seq. (the “Act”) and shall secure any additional loans as well as any and all present or future advance and readvances under the Credit Agreement, or any other Credit Document, made by Mortgagee to or for the benefit of Mortgagor or the Mortgaged Property, all of which shall be entitled to the benefits of an Open-End Mortgage under 42 Pa. C.S.A. § 8143 and shall have the same lien priority as if the future loans, advances or readvances were made as of the date hereof, including, without limitation: (1) principal, interest, late charges, fees and other amounts due under the Credit Agreement, the Credit Documents or this Mortgage; (ii) all advances by Mortgagee to Mortgagor or any other person to pay costs of erection, construction, alteration, repair, restoration, maintenance and completion of any improvements on the Mortgaged Property; (iii) all advances made or costs incurred by Mortgagee for the payment of real estate taxes, assessments or other governmental charges, maintenance charges, insurance premiums, appraisal charges, environmental inspection, audit, testing or compliance costs and costs incurred by Mortgagee for the enforcement and protection of the Mortgaged Property or the lien on this Mortgage; and (iv) all legal fees, costs and other expenses incurred by Mortgagee by reason of any default or otherwise in connection with the Credit Agreement, the Credit Documents or this Mortgage. The maximum amount of indebtedness (as defined in 42 PA. C.S.A. § 8143) that may be outstanding at any time and secured hereby is $400,000,000.00, plus accrued and unpaid interest thereon. Notices pursuant to the Act shall be delivered to: Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A 000 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000-0000 Attention: Loan Syndications

Open-End Mortgage. This Mortgage is an Open-End Mortgage as defined in Section 8143(f) of Title 42 of the Pennsylvania Consolidated Statutes, and as such, is entitled to the benefits of 42 PA. C.S.A. § 8143 et seq. (the “Act”) and shall secure any additional loans as well as any and all present or future advance and readvances under the Credit Agreement, or any other Credit Document, made by Mortgagee to or for the benefit of Mortgagor or the Mortgaged Property, all of which shall be entitled to the benefits of an Open-End Mortgage under 42 Pa. C.S.A. § 8143 and shall have the same lien priority as if the future loans, advances or readvances were made as of the date hereof, including, without limitation: (1) principal, interest, late charges, fees and other amounts due under the Credit Agreement, the Credit Documents or this Mortgage; (ii) all advances by Mortgagee to Mortgagor or any other person to pay costs of erection, construction, alteration, repair, restoration, maintenance and completion of any improvements on the Mortgaged Property; (iii) all advances made or costs incurred by Mortgagee for the payment of real estate taxes, assessments or other governmental charges, maintenance charges, insurance premiums, appraisal charges, environmental inspection, audit, testing or compliance costs and costs incurred by Mortgagee for the enforcement and protection of the Mortgaged Property or the lien on this Mortgage; and (iv) all legal fees, costs and other expenses incurred by Mortgagee by reason of any default or otherwise in connection with the Credit Agreement, the Credit Documents or this Mortgage. The maximum amount of indebtedness (as defined in 42 PA. C.S.A. § 8143) that may be outstanding at any time and secured hereby is $400,000,000.00, plus accrued and unpaid interest thereon. Notices pursuant to the Act shall be delivered to: Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A 000 200 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000-0000 Attention: Loan Syndications

Open-End Mortgage. This Mortgage is an Open-End Mortgage as defined in Section 8143(f) securing future advances pursuant to 42 Pa. C.S.A. Section8143. WITHOUT LIMITING ANY OTHER PROVISION OF THIS MORTGAGE, THIS MORTGAGE SECURES UNPAID BALANCES OF ADVANCES MADE, WITH RESPECT TO THE MORTGAGED PROPERTY, FOR THE PAYMENT OF TAXES, ASSESSMENTS, MAINTENANCE CHARGES, INSURANCE PREMIUMS OR COSTS INCURRED FOR THE PROTECTION OF THE MORTGAGED PROPERTY OR THE LIEN OF THE MORTGAGE, OR EXPENSES INCURRED BY THE MORTGAGEE BY REASON OF DEFAULT BY THE MORTGAGOR UNDER THE MORTGAGE, AND TO ENABLE COMPLETION OF THE IMPROVEMENTS FOR WHICH THE LOAN WAS ORIGINALLY MADE. SUCH ADVANCES INCLUDE, WITHOUT LIMITATION, ALL ADVANCES MADE AS PROVIDED IN THE LOAN DOCUMENTS. The receipt by Mortgagee of Title 42 of the Pennsylvania Consolidated Statuteswritten notice either from Mortgagor or another party, and as suchpurportedly sent to terminate, limit, or restrict future advances whether or not such notice is entitled sent pursuant to the benefits provisions of 42 PA. Pa. C.S.A. § 8143 et seq. (the “Act”Section8143(b) and or 8143(c) shall secure any additional loans as well as any and all present or future advance and readvances under the Credit Agreement, or any other Credit Document, made by Mortgagee to or for be an event of default hereunder without the benefit of notice or a cure period for Mortgagor. The obligations of Mortgagor or hereunder and the other parties constituting the Borrower have expressly granted mortgages and other liens on the Mortgaged Property, all of which shall be entitled to the benefits of an Open-End Mortgage under 42 Pa. C.S.A. § 8143 and shall have the same lien priority as if the future loans, advances or readvances were made as of the date hereof, including, without limitation: (1) principal, interest, late charges, fees Property and other amounts due under real and personal property located in Pennsylvania, North Carolina and elsewhere. Each such mortgage, security interest or other lien granted in 24 25 favor of Lender, by the Credit Agreement, Borrower is cross collateralized to secure all the Credit Documents Obligations. Resort to any remedy or this Mortgage; (ii) all advances item of collateral by Mortgagee to Lender shall not discharge Mortgagor or any other person to pay costs Borrower of erection, construction, alteration, repair, restoration, maintenance and completion of any improvements on the Mortgaged Property; (iii) all advances made or costs incurred by Mortgagee its liability for the payment Obligations until all of real estate taxesthe same are indefeasibly paid in full. Lender may allocate the proceeds from the sale, assessments transfer, foreclosure or other governmental charges, maintenance charges, insurance premiums, appraisal charges, environmental inspection, audit, testing or compliance costs and costs incurred by Mortgagee for the enforcement and protection otherwise of the Mortgaged Property or the lien on this Mortgage; and (iv) all legal fees, costs and other expenses incurred by Mortgagee by reason of any default or otherwise in connection with the Credit Agreement, the Credit Documents or this Mortgage. The maximum amount of indebtedness (as defined in 42 PA. C.S.A. § 8143) that may be outstanding at any time and secured hereby is $400,000,000.00, plus accrued and unpaid interest thereon. Notices pursuant to the Act shall be delivered to: Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A 000 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000-0000 Attention: Loan Syndicationsit determines.

Open-End Mortgage. This Mortgage is an Open-End “Open End” Mortgage as defined in Section § 8143(f) of Title 42 of the Pennsylvania Consolidated Statutes, and as such, is entitled to the benefits of Senate Xxxx 693, 1989 session of the General Assembly of Pennsylvania (the “Act”) as codified at 42 PA. Pa. C.S.A. § 8143 et seq. (the “Act”) and The parties to this Mortgage intend that, in addition to any other debt or obligations secured hereby, this Mortgage shall secure any additional loans as well as any and all present or future advance and readvances under the Credit Agreement, or any other Credit Document, made by Mortgagee to or for the benefit unpaid balances of Mortgagor or the Mortgaged Property, all of which shall be entitled to the benefits of an Open-End Mortgage under 42 Pa. C.S.A. § 8143 and shall have the same lien priority as if the future loans, advances or readvances were made as of the date hereof, including, without limitation: (1) principal, interest, late charges, fees and other amounts due under the Credit Agreement, the Credit Documents or this Mortgage; (ii) all advances by Mortgagee to Mortgagor or any other person to pay costs of erection, construction, alteration, repair, restoration, maintenance and completion of any improvements on the Mortgaged Property; (iii) all loan advances made or costs incurred by Mortgagee after this Mortgage is left for the payment of real estate taxes, assessments or other governmental charges, maintenance charges, insurance premiums, appraisal charges, environmental inspection, audit, testing or compliance costs and costs incurred by Mortgagee for the enforcement and protection of the Mortgaged Property or the lien on this Mortgage; and (iv) all legal fees, costs and other expenses incurred by Mortgagee by reason of any default or otherwise in connection record with the Credit AgreementRecorder’s Office of Xxxxxx County, the Credit Documents Pennsylvania whether such advances are made pursuant to an obligation of Lender or this Mortgageotherwise. The maximum amount of unpaid loan indebtedness (as defined in 42 PA. C.S.A. § 8143which shall consist of unpaid balances of loan advances made either before or after, or both before and after, this Mortgage is left for record) that which may be outstanding at any time and secured hereby is $400,000,000.0030,225,000.00, plus accrued and unpaid interest and other charges thereon. Notices In addition to the obligations of Borrower secured hereby, this Mortgage secures unpaid balances of advances made with respect to the Property for the payment of taxes, assessments, maintenance charges, insurance premiums or costs incurred for the protection of the Property or the lien of this Mortgage, and expenses, including, but not limited to, reasonable costs and attorneys’ fees incurred by Lender by reason of default by Borrower under this Mortgage or any of the other Loan Documents, all of which advances referred to in this Section 9.19 shall bear interest at the Default Rate as set forth herein, even after the entry of judgment hereunder or under the Note, shall be deemed obligatorily advanced under the Note, and shall be secured hereby and shall have lien priority as provided in 42 Pa.C.S.A. §8144. To the maximum extent permitted under law, Borrower hereby unconditionally and irrevocably waives its right to submit a notice to the Lender under 42 Pa.C.S.A. §8143(c) (“Limitation of Indebtedness Notice”). In the event any person or entity shall submit a notice to Lender under 42 Pa.C.S.A. §8143(b) (“Third Party Notice”), in addition to the other remedies available under the Loan Documents, Borrower shall have the lien or encumbrance which is the subject of the Third Party Notice removed of record in accordance with Section 4.9 of this Mortgage. In addition to the other remedies under the Loan Documents, advances made after receipt of a Limitation of Indebtedness Notice or a Third Party Notice, whether or not made pursuant to the Act 42 Pa.C.S.A. §8143 and/or §8144, shall be delivered to: Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A 000 Xxxx Xxxxxxdeemed to be obligatory advances made under the Note, 00xx Xxxxx Xxx Xxxxshall be secured hereby and shall relate back to the date of this Mortgage was left for recording with the Xxxxxx County Recorder of Deeds. All notices as set forth in Section 9.10, Xxx Xxxx 00000-0000 Attention: Loan Syndicationsgiven by Borrower to Lender pursuant to 42 Pa. C.S.A. § 8143(c), shall be given to Lender personally or by registered or certified mail at the address of Lender as set forth in Section 9.10 hereof and such notice must be signed by all parties necessary to bind Borrower in accordance with applicable documents of formation of Borrower and all applicable laws.

Open-End Mortgage. This Mortgage is an Open-End "Open- End" Mortgage as defined in Sub Section 8143(f) of Title 42 of the Pennsylvania Consolidated Statutes, and as such, is entitled to the benefits of Senate Xxxx 693, 1989 session of the General Assembly of Pennsylvania (the "Act") as codified at 42 PA. C.S.A. § Pa. C.S. A. Sub Section 8143 et seq. (the “Act”) and The parties to this Mortgage intend that, in addition to any other debt or obligations secured hereby, this Mortgage shall secure any additional loans as well as any and all present or future advance and readvances under the Credit Agreement, or any other Credit Document, made by Mortgagee to or for the benefit unpaid balances of Mortgagor or the Mortgaged Property, all of which shall be entitled to the benefits of an Open-End Mortgage under 42 Pa. C.S.A. § 8143 and shall have the same lien priority as if the future loans, advances or readvances were made as of the date hereof, including, without limitation: (1) principal, interest, late charges, fees and other amounts due under the Credit Agreement, the Credit Documents or this Mortgage; (ii) all advances by Mortgagee to Mortgagor or any other person to pay costs of erection, construction, alteration, repair, restoration, maintenance and completion of any improvements on the Mortgaged Property; (iii) all loan advances made or costs incurred by Mortgagee after this Mortgage is left for the payment of real estate taxes, assessments or other governmental charges, maintenance charges, insurance premiums, appraisal charges, environmental inspection, audit, testing or compliance costs and costs incurred by Mortgagee for the enforcement and protection of the Mortgaged Property or the lien on this Mortgage; and (iv) all legal fees, costs and other expenses incurred by Mortgagee by reason of any default or otherwise in connection record with the Credit AgreementRecorder's Office of Luzerne County, the Credit Documents Pennsylvania whether such advances are made pursuant to an obligation of Mortgagee or this Mortgageotherwise. The maximum amount of unpaid loan indebtedness (as defined in 42 PA. C.S.A. § 8143) that which shall consist of unpaid balances of loan advances made either before or after, or both before and after, this Mortgage is left for record), which may be outstanding at any time and secured hereby is $400,000,000.004,100,000), plus accrued and unpaid interest thereon. Notices In addition to the obligations of Mortgagor secured hereby, this Mortgage secures unpaid balances of advances made with respect to the Property for the payment of taxes, assessments, maintenance charges, insurance premiums or costs incurred for the protection of the Property or the lien of this Mortgage, and expenses, including, but not limited to, reasonable costs and attorneys' fees incurred by Mortgagee by reason of default by Mortgagor under this Mortgage or any of the other Loan Documents. All notices as set forth in Section 9.10, given by Mortgagor to Mortgagee pursuant to the Act 42 Pa. C.S.A. section 8143(c), shall be delivered to: Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A 000 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000-0000 Attention: Loan Syndicationsgiven to Mortgagee personally or by registered or certified mail at the address of Mortgagee as set forth in Section 9.10 hereof and such notice must be signed by all parties necessary to bind Mortgagor in accordance with applicable documents of formation of Mortgagor and all applicable laws.

Open-End Mortgage. This Mortgage is an Openopen-End Mortgage as defined in Section 8143(f) of Title end mortgage securing future advances pursuant to 42 of Pa. C.S.A. ss.8143. Without limiting the Pennsylvania Consolidated Statutes, and as such, is entitled to the benefits of 42 PA. C.S.A. § 8143 et seq. (the “Act”) and shall secure any additional loans as well as any and all present or future advance and readvances under the Credit Agreement, foregoing or any other provision of this Mortgage, this Mortgage secures, inter alia, present and future advances of the Credit Document, Facility made by Co-Lenders or Mortgagee pursuant to the Credit Agreement and/or the other Credit Facility Documents; advances made by Mortgagee or Co-Lenders with respect to or for the benefit of Mortgagor or the Mortgaged Property, all of which shall be entitled to the benefits of an Open-End Mortgage under 42 Pa. C.S.A. § 8143 and shall have the same lien priority as if the future loans, advances or readvances were made as of the date hereof, including, without limitation: (1) principal, interest, late charges, fees and other amounts due under the Credit Agreement, the Credit Documents or this Mortgage; (ii) all advances by Mortgagee to Mortgagor or any other person to pay costs of erection, construction, alteration, repair, restoration, maintenance and completion of any improvements on the Mortgaged Property; (iii) all advances made or costs incurred by Mortgagee Premises for the payment of real estate taxes, assessments or other governmental chargesassessments, maintenance charges, insurance premiums, appraisal charges, environmental inspection, audit, testing premiums or compliance costs and costs incurred by Mortgagee for the enforcement and protection of the Mortgaged Property Premises or the lien on of this Mortgage; and (iv) all legal fees, costs and other expenses incurred by Mortgagee or Co-Lenders by reason of the occurrence of an Event of Default. The priority of such future advances and expenses shall relate back to the date of this Mortgage, or to such later date as required by applicable law, regardless of the date upon which such advances are made or such expenses are incurred. If the Credit Facility Documents provide that any advances of the Credit Facility shall be made by Co-Lenders upon completion by Mortgagor of certain performance obligations under the Credit Agreement and/or the other Credit Facility Documents (including, without limitation, compliance with the terms of the Credit Agreement and/or the other Credit Facility Documents such that no default or otherwise in connection with Event of Default shall have occurred), such advances of the Credit Agreement, Facility shall be and be deemed "obligatory advances" solely for the purpose of the application of the obligatory advance doctrine to confirm the lien priority of such advances of the Credit Documents Facility actually made by Co-Lenders, whether such advances of the Credit Facility are initially either (1) advanced by Co-Lenders or this Mortgage. The maximum amount of indebtedness Mortgagee into an escrow subject to Mortgagee's or Co-Lenders' control or (as defined in 42 PA. C.S.A. § 81432) that may be outstanding at any time and secured hereby is $400,000,000.00, plus accrued and unpaid interest thereon. Notices pursuant to the Act shall be delivered to: Coöperatieve Centrale Raiffeisenretained by Co-Boerenleenbank B.A 000 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000-0000 Attention: Loan SyndicationsLenders or Mortgagee.

Open-End Mortgage. This Mortgage is an Open-End Mortgage as defined in Section 8143(f) of Title 42 of the Pennsylvania Consolidated Statutes, as amended (the “Pennsylvania Act”) and as such, is entitled to the benefits of 42 PAthe Pennsylvania Act. C.S.A. § 8143 et seq. (the “Act”) and Mortgagor intends that, in addition to any other debt or obligations secured hereby, this Mortgage shall secure any additional loans as well as any and all present or future advance and readvances under the Credit Agreement, or any other Credit Document, made by Mortgagee to or for the benefit unpaid balances of Mortgagor or the Mortgaged Property, all of which shall be entitled to the benefits of an Open-End Mortgage under 42 Pa. C.S.A. § 8143 and shall have the same lien priority as if the future loans, advances or readvances were made as of the date hereof, including, without limitation: (1) principal, interest, late charges, fees and other amounts due under the Credit Agreement, the Credit Documents or extensions of credit made after this Mortgage; (ii) all advances by Mortgagee to Mortgagor or any other person to pay costs of erection, construction, alteration, repair, restoration, maintenance and completion of any improvements on the Mortgaged Property; (iii) all advances made or costs incurred by Mortgagee Mortgage is left for the payment of real estate taxes, assessments or other governmental charges, maintenance charges, insurance premiums, appraisal charges, environmental inspection, audit, testing or compliance costs and costs incurred by Mortgagee for the enforcement and protection of the Mortgaged Property or the lien on this Mortgage; and (iv) all legal fees, costs and other expenses incurred by Mortgagee by reason of any default or otherwise in connection record with the Credit AgreementRecorder’s Office of [Northumberland County, Pennsylvania and the Credit Documents Recorder’s Office of Berks County, Pennsylvania,] whether such advances are made pursuant to an obligation of Administrative Agent and/or Secured Parties and the Borrower or this Mortgageotherwise. The maximum amount of unpaid indebtedness (as defined in 42 PA. C.S.A. § 8143) that which shall consist of unpaid balances after this Mortgage is left for record), which may be outstanding at any time and secured hereby by Property located in Pennsylvania, is equal to $400,000,000.001,000,000,000.00. In addition to the obligations secured hereby, plus accrued this Mortgage secures unpaid balances of advances made with respect to the Mortgaged Properties, for the payment of taxes, assessments, maintenance charges, insurance premiums or costs incurred for the protection of the Mortgaged Properties or the lien of this Mortgage and unpaid interest thereonexpenses (including but not limited to, costs and attorneys’ fees) incurred by Administrative Agent and/or Secured Parties by reason of default by Mortgagor or Borrower under this Mortgage or any of the other Loan Documents. Without limiting the provisions in Article IV hereof, delivery to Administrative Agent of any notice provided for in Section 8143(b) of the Pennsylvania Act (a “Security Limitation Notice”) shall relieve Administrative Agent and Secured Parties of any obligation to make any further advance of loan proceeds or other extensions of credit to Mortgagor or Borrower until such time as Administrative Agent notifies Mortgagor and the Loan Parties in writing of Secured Parties’ willingness to make further advances or other extensions of credit. Notices sent to Administrative Agent pursuant to the Pennsylvania Act shall be delivered to: Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A 000 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000-0000 Attention: Loan Syndicationsgiven pursuant to the applicable provisions of this Mortgage.